Condominium Ownership vs Construction Servitude in Turkey: Kat Mülkiyeti and Kat İrtifakı for Foreign Buyers

1. Law No. 634 defines construction servitude and condominium ownership as separate rights

Condominium Ownership Law No. 634 establishes the legal framework for multi-unit buildings in Turkey. The law distinguishes the land itself, independent sections, common areas, land shares, construction servitude and condominium ownership. The difference is substantive, not merely a wording difference on a title deed.

Construction servitude (kat irtifakı) is established before or during construction according to the land shares allocated to the independent sections that will arise under the approved project. It links a co-ownership share in the land to the right and obligation concerning a specific planned independent unit.

Condominium ownership (kat mülkiyeti) is established for independent sections of a completed building. The title record identifies the independent unit and its associated land share within the condominium system.

2. The land share is legally connected to the independent section

Each independent unit has a land share (arsa payı) shown in the Land Registry. Under Law No. 634, those shares are allocated in relation to the value and structure of the independent sections according to the statutory framework. The land share is not a separate extra property that can be casually reassigned without regard to the unit.

Foreign buyers should read the title record for the block, floor, independent-section number, nature of the property and land-share fraction. The apartment marketed as “Unit 12” by a developer may use a sales label different from the registered independent-section number.

Before transfer, the buyer should match the Land Registry unit to the approved architectural project and the physical apartment. A wrong-unit purchase is a serious proprietary problem that cannot be solved by a sales brochure.

3. A finished-looking apartment can still be registered under construction servitude

In practice, buildings can be physically occupied while the Land Registry remains under construction servitude. That does not automatically mean the buyer is acquiring nothing; the registered construction-servitude right is a real Land Registry right. But the mismatch between physical completion and title status requires investigation.

The buyer should ask why condominium ownership has not been established. Possible issues can involve an incomplete building-use permit process, project deviations, common-area problems, developer obligations or simply an administrative conversion that has not yet been completed.

The legal significance depends on the documents. A buyer should not accept the statement “everyone here has kat irtifakı, so it is normal” without checking the approved project and municipal completion record.

4. The occupancy permit is central to completion status

The building-use permit, commonly called iskân, is issued under the zoning/building legislation when the completed building satisfies the legal conditions for use. Law No. 634 uses the occupancy-permit and project framework in the transition from construction servitude to condominium ownership.

An occupancy permit is not the same as the title deed. The municipality’s building-use record and the Land Registry condominium status are connected but distinct records. A buyer should verify both rather than assuming one proves the other automatically.

A building without a valid occupancy permit can create legal, technical and utility risks. The next article in this cluster addresses the occupancy-permit issue separately.

5. TKGM procedures allow conversion when the statutory conditions are satisfied

Law No. 634 and TKGM implementation provide mechanisms for converting construction servitude to condominium ownership after completion. Current procedures rely on the building-use permit and the approved architectural/project records transmitted or submitted through the relevant administration.

TKGM’s published guidance explains the relationship between the occupancy permit and ex officio or application-based conversion procedures. The exact route depends on the building’s records and the date and manner in which the municipal documentation reaches the Land Registry.

A buyer should not pay a premium for a promise that conversion “will definitely happen next month” unless the legal prerequisites are already documented and responsibility for any remaining step is contractually clear.

6. The title record shows which right the buyer is actually acquiring

The title should be read before signing the sale. A construction-servitude title typically identifies the land and the independent section to which the land share is allocated under the project. A condominium title identifies the completed independent section within the condominium system.

The property’s registered nature, block, parcel, land share, independent-section number and encumbrances should be checked. A foreign buyer should obtain a current title record rather than relying on a photocopy supplied months earlier.

Mortgages, attachments, usufruct rights, family-residence annotations and contractual annotations can exist under either title status. Condominium ownership does not by itself guarantee that the title is free from encumbrances.

7. The approved architectural project must match the physical apartment

A key risk in apartment transactions is unauthorised physical alteration. A developer or former owner may have enclosed a balcony, combined units, changed common areas or altered internal boundaries in a way that does not match the approved project.

The buyer should compare the independent unit to the architectural project and, where necessary, obtain technical review by an architect or engineer. The legal unit being purchased is defined through the registered/project framework, not by the seller’s current use alone.

Material project deviations can affect occupancy, municipal enforcement, financing, insurance and later sale. They should be identified before transfer.

8. Construction servitude creates a due-diligence issue, not an automatic refusal rule

A blanket statement that every kat irtifakı property is unsafe would be legally inaccurate. Many valid projects begin and remain for a period under construction servitude. The correct question is why the building has not converted and whether the unit and project satisfy the legal completion requirements.

For an unfinished project, construction servitude is expected and the buyer must assess developer, construction and delivery risk. For an old, fully occupied building that still lacks condominium conversion, the buyer should investigate municipal and project records more deeply.

The price should reflect the legal status. A buyer should not value a construction-servitude unit identically to a fully completed and documented condominium unit without understanding the reason for the difference.

9. Utilities and occupation do not prove full condominium status

The existence of electricity, water, internet or residents in the building does not by itself prove that the property has full condominium ownership or a legally complete occupancy record. Utility arrangements can exist under different historical and administrative circumstances.

The buyer should obtain the official municipal and Land Registry records instead of relying on current use as proof of legal completion. A physically habitable unit can still have unresolved title or zoning issues.

Common-area management and monthly dues should also be reviewed. Construction-servitude owners can have obligations within the building/project even before full condominium conversion.

10. Banks and valuers can treat title status as a financing factor

A bank financing a purchase conducts its own valuation and legal review. Construction-servitude status, missing occupancy records or project deviations can affect whether a lender accepts the property as collateral and at what value.

A foreign cash buyer should not assume that the absence of bank review makes these issues irrelevant. The same title defect can later affect resale to a financed buyer.

If mortgage financing is part of the purchase, obtain the lender’s property approval before committing a non-refundable amount.

11. Condominium status can affect resale, valuation and buyer confidence

A fully documented condominium title generally provides clearer evidence that the completed independent section has been integrated into the condominium-registration framework. That can simplify due diligence for later buyers, banks and insurers.

A construction-servitude unit can still be sold, but the future buyer will ask the same questions: occupancy permit, project compliance, conversion status and any municipal issues. Unresolved matters can reduce liquidity or sale price.

Foreign investors should evaluate the exit transaction at purchase. A title that is difficult to finance or explain can reduce the pool of future buyers.

12. Foreign buyers should combine Article 35 checks with condominium-law review

Foreign-acquisition eligibility under Land Registry Law Article 35 is only one layer. After confirming that the foreigner can legally acquire the property, the buyer must still investigate the nature and quality of the right being acquired under Law No. 634.

The due-diligence file should include the current title, approved project, occupancy-permit status, condominium/construction-servitude status, encumbrances and municipal records. These documents should be reviewed before the final payment schedule becomes irreversible.

For the foreign-buyer transfer procedure, see Title Deed Transfer in Turkey for Foreigners.

13. Make unresolved conversion issues a closing condition

If the seller or developer promises conversion to condominium ownership before sale, the contract should identify the required document, responsible party and deadline. Payment should be structured around objective completion evidence where the title status is material to the buyer.

If the buyer knowingly accepts a construction-servitude title, the contract should describe that status accurately and should not state that full condominium ownership already exists. Any developer obligation to obtain occupancy or convert title should be expressed in enforceable terms.

Independent legal and technical review is especially important where the physical building is complete but the Land Registry status is not.

Conclusion

Kat mülkiyeti and kat irtifakı are different legal rights in Turkey. Construction servitude links a land share to a planned independent unit during the construction/project stage; condominium ownership applies to completed independent sections within the statutory condominium framework. A foreign buyer should not reject or accept a construction-servitude title based on the label alone. The approved project, occupancy permit, unit identity, conversion status and encumbrances must be checked before closing.